Securities and Exchange Commission v. Kara et al
Filing
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STIPULATION AND ORDER; Further Case Management Conference continued to 6/27/2011 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 5/4/2011. (awb, COURT STAFF) (Filed on 5/4/2011)
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MARC J. FAGEL (Cal. Bar No. 154425)
ROBERT TASHJIAN (Cal. Bar No. 191007)
tashjianr@sec.gov
MARK P. FICKES (Cal. Bar No. 178570)
fickesm@sec.gov
LLOYD FARNHAM (Cal. Bar No. 202231)
farnhaml@sec.gov
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Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
44 Montgomery Street, 26th Floor
San Francisco, California 94104
Telephone: (415) 705-2500
Facsimile: (415) 705-2501
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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SECURITIES AND EXCHANGE COMMISSION,
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JOINT STATUS REPORT AND
STIPULATED REQUEST TO
CONTINUE STATUS CONFERENCE
AND DISCOVERY DEADLINES
Plaintiff,
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Case No. CV 09-1880 MHP
v.
MAHER F. KARA, MICHAEL F. KARA,
EMILE Y. JILWAN, ZAHI T. HADDAD,
BASSAM Y. SALMAN, and KARIM I. BAYYOUK, [PROPOSED ORDER]
Defendants.
By Order dated March 22, 2011, this matter is currently set for a further Status
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Conference on May 9, 2011. The Status Conference has been previously continued by the Court
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in order to follow the Trial and Motions Setting Conference in the related criminal action
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pending before the Court. Pursuant to an Order of this Court dated April 22, 2011, the Trial and
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Motions Setting Conference in the criminal action has now been continued to May 23, 2011.
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There are significant issues to be resolved in the criminal action that will affect this proceeding,
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because defendants in the criminal action have been charged with offenses closely related to the
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allegations in this civil action. Accordingly, the parties to this civil action request that the Court
Case No. CV 09-1880 MHP
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JOINT STATUS REPORT AND STIPULATION
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continue certain discovery deadlines by approximately 45 days and reschedule the further Status
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Conference in this case to June 27, 2011.
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A.
STATUS OF THE CASE
Three of the defendants in this civil action are also defendants in a related criminal case,
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United States v. Maher Fayez Kara, et al., No. CR 09-0417 MHP. The criminal indictment
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contains factual allegations also alleged in the Commission’s civil action. The Court has
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adjourned the criminal action until May 23, 2011. The Court has not set a trial date for either the
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related criminal case or this civil action.
Discovery is underway in the civil case, and the Commission has produced documents
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obtained during its investigation, pursuant to initial disclosure obligations and defendants’
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document requests, and defendants have responded to the document requests served by the
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Commission. The parties have conducted two third-party depositions, and have agreed to
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reschedule others in order to attempt to resolve the claims in the civil case.
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B.
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STIPULATION TO CONTINUE STATUS CONFERENCE AND DISCOVERY
The parties agree that the status conference and other discovery dates should be
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continued by about 45 days, and that discovery should be stayed until a further status conference.
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This stay in the discovery in this action will permit the parties to the criminal case to try to
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resolve the case, and permit the parties to discuss resolution of the civil claims.
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The parties stipulate to continuing the following dates, by 49 days:
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Event or deadline
Current Date
Proposed Continued Date
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Further Status Conference
May 9, 2011
June 27, 2011
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Disclosure of witnesses, case
in chief
July 29, 2011
September 16, 2011
Discovery cut-off
August 26, 2011
October 14, 2011
September 30, 2011
November 18, 2011
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Plaintiff’s expert designation
and reports
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Defendants’ expert
designation and reports
October 12, 2011
November 30, 2011
Plaintiff’s rebuttal expert
designation and reports
October 28, 2011
December 16, 2011
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Case No. CV 09-1880 MHP
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JOINT STATUS REPORT AND STIPULATION
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Event or deadline
Current Date
Proposed Continued Date
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Defendants’ rebuttal expert
designation and reports
November 16, 2011
January 4, 2012
Dispositive motions to be
heard
December 19, 2011
February 6, 2012
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Dated: May 2, 2011
/s/ Lloyd Farnham
LLOYD FARNHAM
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
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/s/ George C. Harris
GEORGE C. HARRIS
Morrison & Foerster LLP
Attorneys for Defendant MAHER KARA
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/s/ Ismail Ramsey
ISMAIL RAMSEY
Ramsey & Ehrlich LLP
Attorneys for Defendant MICHAEL F. KARA
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/s/ William H. Green
WILLIAM H. GREEN
Attorneys for Defendant EMILE Y. JILWAN
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/s/ Patrick W. Blegen
PATRICK W. BLEGEN
Attorneys for Defendant BASSAM Y. SALMAN
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/s/ Matthew F. Leitman
MATTHEW F. LEITMAN
Miller Canfield Paddock and Stone, PLC
Attorneys for Defendant KARIM I. BAYYOUK
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GENERAL ORDER 45 ATTESTATION
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In accordance with General Order 45, each of the signatories to this document have
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concurred in its filing, and I shall maintain records to support these concurrences.
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/s/ Lloyd Farnham
LLOYD FARNHAM
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
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Case No. CV 09-1880 MHP
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JOINT STATUS REPORT AND STIPULATION
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[PROPOSED] ORDER
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The Court has considered the materials and papers submitted by counsel in this matter
and for good cause shown, IT IS HEREBY ORDERED as follows:
The Status Conference previously set for May 9, 2011, is vacated and rescheduled for
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June 27, 2011, at 3:00 p.m., with a joint status report to be filed one week prior to the
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conference.
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Discovery in this case shall be stayed until the Status Conference on May 9, 2011.
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The following discovery deadlines previously set by the Court are continued to the
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following dates:
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Further Status Conference
June 27, 2011
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Disclosure of witnesses, case in chief
September 16, 2011
Discovery cut-off
October 14, 2011
Plaintiff’s expert designation and reports
November 18, 2011
Defendants’ expert designation and reports
November 30, 2011
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Plaintiff’s rebuttal expert designation and reports
December 16, 2011
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Defendants’ rebuttal expert designation and reports
January 4, 2012
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Dispositive motions to be heard
February 6, 2012
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May 4
Dated: __________________, 2011
DERED
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NO
R NIA
O OR
_______________________________
IT IS S
JUDGE MARILYN H. PATEL
UNITED STATED DISTRICT COURT
tel
n H. Pa
e Marily
Judg
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RT
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FO
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UNIT
ED
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S DISTRICT
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S
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IT IS SO ORDERED.
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A
H
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N
F
D IS T IC T O
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Case No. CV 09-1880 MHP
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ORDER CONTINUING STATUS CONFERENCE
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